Ablynx Background Patent Rights definition

Ablynx Background Patent Rights means any Patent Rights which are Controlled by Ablynx or any of its Affiliates as of the Effective Date or at any time during the Term and which (i) claim or cover any Program Nanobody, or the research, identification, generation, formatting, testing, expression, development, manufacture, production, formulation, administration, commercialization, use or sale thereof, or (ii) claim or cover Ablynx Background Know-How; provided that “Ablynx Background Patent Rights” shall exclude Program Patent Rights. The Ablynx Background Patent Rights shall include the Patent Rights identified on Schedule 1.3, which schedule shall be updated on a regular basis by Ablynx during the Term by written notice to Merck (provided that such updates shall be subject to the written approval of Merck). For clarity, it is expressly acknowledged and agreed that the Ablynx Background Patent Rights shall only include those Patent Rights Controlled by Ablynx that would, but for the license granted to Merck in Section 3.1, be infringed by the Research, Development or Commercialization of the relevant Program Nanobody, Compound or Product by or on behalf of Merck or a Related Party as contemplated by this Agreement, which Ablynx Background Patent Rights are licensed on a Per-Target-Basis.
Ablynx Background Patent Rights shall exclude Program Patent Rights. The Ablynx Background Patent Rights shall include the Patent Rights identified on Schedule 1.3, which schedule shall be updated on a regular basis by Ablynx during the Term by written notice to Merck (provided that such updates shall be subject to the written approval of Merck). For clarity, it is expressly acknowledged and agreed that the Ablynx Background Patent Rights shall only include those Patent Rights Controlled by Ablynx that would, but for the license granted to Merck in Section 3.1, be infringed by the Research, Development or Commercialization of the relevant Program Nanobody, Compound or Product by or on behalf of Merck or a Related Party as contemplated by this Agreement, which Ablynx Background Patent Rights are licensed on a Per-Target-Basis.

Examples of Ablynx Background Patent Rights in a sentence

  • Ablynx shall, and shall have the sole right to, Prosecute the Ablynx Background Patent Rights.

  • Upon the request of Merck, Ablynx shall keep Merck advised, on a regular basis, of the status of the actual and prospective patent filings and, upon Merck’s request, shall provide advance copies of any papers related to the Prosecution of Ablynx Background Patent Rights, and shall consult with Merck in good faith in connection therewith (and shall consider any comments of Merck thereto in good faith) to the extent that Merck’s rights under this Agreement are involved.

  • Ablynx shall promptly give notice to Merck of the grant, lapse, revocation, surrender, invalidation or abandonment of any Ablynx Background Patent Rights for which Ablynx is responsible for Prosecution.

  • Notwithstanding the other provisions of this Section 7.2, Ablynx shall have the sole right, in its discretion and at its own expense, to Prosecute Patent Rights claiming or covering Ablynx Miscellaneous Know-How (which Patent Rights shall be treated as Ablynx Background Patent Rights for purposes of Sections 7.4 and 7.5), and Merck shall have no rights in connection therewith.

Related to Ablynx Background Patent Rights

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Program Patent Rights means any Patent Rights that are Controlled by one or both parties and that Cover any Program Technology or Program Materials. For clarification, such Program Patent Rights include the entire scope of all of the claims contained in such Patent Rights.

  • Licensed Patent Rights means:

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

  • Regents' Patent Rights means The Regents interest in the claims of the United States patents and patent applications, corresponding foreign patents and patent applications (requested under Paragraph 7.3 herein), and any reissues, extensions, substitutions, continuations, divisions, and continuation-in-part applications (but only those claims in the continuation-in-part applications that are entirely supported in the specification and entitled to the priority date of the parent application) based on the patent applications listed in Appendix A (UC Case Nos [ * ] and [ * ]).

  • Licensee Patents means all patent applications and patents Controlled by Licensee that claim (a) [***], or (b) [***].

  • Joint Patents means all Patents claiming any Joint Invention.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Product Technology means the Product Know-How and Product Patents.

  • Background Technology means all Software, data, know-how, ideas, methodologies, specifications, and other technology in which Contractor owns such Intellectual Property Rights as are necessary for Contractor to grant the rights and licenses set forth in Section 14.1, and for the State (including its licensees, successors and assigns) to exercise such rights and licenses, without violating any right of any Third Party or any Law or incurring any payment obligation to any Third Party. Background Technology must: (a) be identified as Background Technology in the Statement of Work; and (b) have been developed or otherwise acquired by Contractor prior to the date of the Statement of Work, or have been developed by Contractor outside of its performance under the Statement of Work. Background Technology will also include any general consulting tool or methodology created by Contractor, which will not be required to be identified in the Statement of Work.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Background IP means all IP and IP Rights owned or controlled by Seller prior to the effective date or outside the scope of this Contract.

  • Licensor Technology means the Licensor Patents and the Licensor Know-How.

  • Background IPR means any Intellectual Property Rights (other than Project IPR) belonging to either party before the Commencement Date or not created in the course of or in connection with the Project;

  • Program Technology means Program Know-How and Program Patents.

  • Collaboration IP means Collaboration Know-How and Collaboration Patents.

  • Background Invention means an Invention conceived and first actually reduced to practice before the Effective Date.

  • Third Party Technology means all Intellectual Property and products owned by third parties and licensed pursuant to Third Party Licenses.

  • Joint Inventions has the meaning set forth in Section 9.1.

  • Joint IP means Joint Know-How and Joint Patents.

  • Joint Technology means the Joint Know-How and the Joint Patent Rights.